Director's Report
CITY OF CUPERTINO
10300 TORRE AVENUE, CUPERTINO, CALIFORNIA 95014
DEPARTMENT OF COMMUNITY DEVELOPMENT
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Subject: Report of the Community Development Direct't~....<.-u-
Planning Commission Agenda Date: Tuesday, May 8, 2007
The City Council met on May 1, 2007, and discussed the following items of interest to the
Planning Commission:
1. Heritage and Specimen Trees Ordinance: The City Council continued the item for
one month and directed staff to make the following changes to the ordinance and
return for first reading:
. List each species specifically by its scientific name
. Change from city arborist to certified arborist
. Notice to be sent to 500 feet radius or two houses in every direction, whichever
is the greater distance
. Location of replacement trees determined by staff working in conjunction with
property owner; that decision may be appealed to City Council
. In-lieu fees must be used for tree-related purpose; money must be spent within
five years
2. Consider a zoning change at 20916 and 20956 Homestead Road: Continued to
May 1, 2007 at the request of the applicant.
3. Consider a Petition for Reconsideration of the City Council's decision to deny a
Tentative Map, 21871 Dolores Avenue: The Council adopted a resolution denying
the petition hearing. (see attached staff report).
4. Second reading of the R1 ordinance amendment: The Council approved the
second reading of the R1 Ordinance exempting areas east of the 10% slope line.
Enclosures:
Staff Reports
Newspaper Articles
G:\ Planning \ SteveP\ Director's Report\2007\pd05-08-07.doc
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CITY OF
CUPEI\TINO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
Fax: (408) 777-3333
Community Development
Department
SUMMARY
Agenda Item No. J5"
Agenda Date: May 1, 2007 .
Application: TM-2006-12, EXC-2006-14, V-2006-01
Applicant: Jitka Cymbal (Westfall Engineers)
Owner: Sue-Jane Han .
Location: 21871 Dolores Avenue
APPLICATION SUMMARY
Consider a Petition for Reconsideration of the City Council's decision to deny a
Tentative Map to subdivide a .46-acre parcel into two parcels of 9,685 square feet and
9,686 square feet, respectively, and to deny a variance to allow a 50-foot lot width,
instead of the required 60-foot width, for two proposed parcels, Application Nos. EXC-
2006-14, TM-2006-12, V-2007-01, Titka Cymbal (Westfall Engineers), 21871 Dolores
Avenue, APN 357-14-026. The petitioners are Tracy Hsu and Suejane Han.
RECOMMENDATION
The Council has the options to adopt a resolution to either:
a) Deny the rehearing request; or
b) Grant the rehearing request; or
c) Approve the application if rehearing is granted.
BACKGROUND
On February 20, 2007 the city council denied the appeal of applicant Sue-Jane Han of
application TM-2006-12 and V-2007-01, a tentative map to subdivide a .46 acre lot into
two parcels of 9,685 square feet and 9,686 square feet, respectively, in a RI-7.5 zoning
district and a variance to allow a 50-foot lot width, instead of the required 60-foot
width, for the two proposed parcels. This application, which initially included a request
for an exception, EXC-2006-14, to allow 5-foot side yard setbacks, instead of the
required combined 15 feet, was denied by the Planning Commission on January 23,
2007. The appeal on February 20, 2007 to the City Council was denied on a two-to-two
vote with one council member absent.
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File Nos.: TM-2006-12, V-2006-01
Page 2
May I, 2007
A petition for reconsideration of TM-2006-12, a tentative map of a subdivision of
property owned by Sue Jane Han located at 21871 Dolores Avenue, Cupertino, into two
side-by-side lots, and V-2006-Ol, a variance to allow 50 ft. lot widths, was submitted by
Ms. Han and Tracy Hsu on March 5, 2007 and supplemented on March 8, 2007.
DISCUSSION
Please refer to the City Attorney's report (Exhibit A) for a detailed summary of the basis
for the reconsideration request and the findings that are necessary in response to the
petition for reconsideration.
ADDITIONAL SITE DESIGN OPTIONS
The applicant has submitted three site layout options for a side by side lot division and
an exhibit showing the flag lot configuration for the Council's reference (Exhibit B). If
the Council wishes to allow the rehearing, a full staff analysis of these options will be
provided at a later date.
ENCLOSURES
Council Resolutions
City Council Meeting Minutes from February 20, 2007
Applicant's Reconsideration Request (with attached materials)
Exhibit A: City Attorney report to the Council
Exhibit B: Additional site design illustrations provided by the applicant
Exhibit C: City Council staff report dated February 20, 2007 (with attachments)
Prepared by: Gary Chao~ Associate Planner
Approved by:
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David W. Knapp
City Manager
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Steve Piasecki
Director, Community Development
F:\PDREPORT\ CC\2007\ TM-2006-12reconsideration.doc
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~'- league of Women Voters of the Bay Area Education Fund
Bay Area Mon/tor
Volume 32, Number 5
April/May 2007
A Bimonthly Review of Regional Issues
Over the past century, the earth's temperature has
risen, but public awareness about this worrisome fact
has been slow to catch up. However-thanks in large
part to the efforts of scientists, activists, journalists, and
politicians--concern over global warming has grown in
the last few decades, and increased dramatically within
the past year.
In the Bay Area, a place with a history of initiating
societal mobilization, confronting climate change has
become a high priority. One barometer in particular for
how the region is responding to this critical issue has
been the work of the Joint Policy Committee (jPC),
The JPC's member organizations-the Metropolitan
Transportation Commission (MTC) , the Bay Area Air
Quality Management District (Air District), and the
Association of Bay Area Governments (ABAG)-have
each taken their own significant steps to address climate
change. Yet on top of these independent undertakings,
they are also pooling their resources to find collaborative
solutions to this problem.
One week after the Air District's heralded Climate
Protection Summit in early November, the JPC resolved
to pursue a six-month program studying climate change,
with the ultimate intention of recommending an initial
set of actions that the member agencies can pursue collectively. The trio not only pledged to work closely with each other, but
also invited the San Francisco Bay Area Conservation and Development Commission (BCDq to participate in the process while
looking to rely heavily on public involvement and input as well.
Upon presenting the resolution to the committee members for approval, JPC
Regional Planning Program Director Ted Droettboom declared, "We've got a
really tough task ahead of us. In the next six months, we're going to have to be
innovative and creative like we've never been before." He cited the region's track
record as evidence for the viability of this goal, remarking that "the Bay Area
has demonstrated in the past it can do big things; it can continue to do big and
important things in the future."
Climate Change:
A Hot Topic
By Alec MacDonald
ISSUE CONTENTS
Trucks at the Port
Regional Roundup
Water Board News
Page 2
Page 4
Page 6
Page 7
RHNA Methodology
GREENHOUSE GAS CONTRIBUTORS
IN THE BAY AREA
2002 TOTAL EMMISSIONS
85 MILLION TONS/yEAR
Electricity Generation: 7%
(local only)
This graph (from the Air District) is one of the many visual
aids the ,PC has been using to help promote education about
climate change-ln this case highlighting regional sources of
the greenhouse gases that cause global warming, and demon-
strating where mitigation efforts will need to be targeted.
continued on page 3
PR --'7
2 - lJdy Area Monitor
April/May 2007
Out with the Old. in with the New: Truck Trade-ins at the Port
By Liz Anders
It wasn't a dramatic scene of environmental activism, but on a
recent balmy March Saturday, a gathering of over 50 truckers
at a Port of Oakland Truck Replacement Project picnic signaled
a new era in air pollution control for West Oakland. This nearly
two-year-old program offers Port of Oakland truckers up
to $40,000 to replace their 1993 or older rig, getting gas-
guzzling and sometimes stinky tractor trailers off the road.
Once-skeptical truckers are now very interested.
This program has been in the works for a long time and
is funded by a settlement agreement made in 1998 when
the Port expanded its operation. Initially the Port focused on
retrofitting trud< engines. Then they offered $25,000 toward
truck replacement. In both cases, truckers at the Port (80 to 90
percent of whom are small-time owner-operators) "were out
more money than it was worth," according to Janice Adam,
member of the community relations department for the Port
of Oakland, "but this was always the plan. We just wanted to
try ~ngine replacement first. "
They finally got it right. Because of increasing enthusiasm
amongst truckers, half of the projected goal-or forty newer,
deaner trud<s-are now on the road, and thirty more
applications were turned in at the picnic on that bright March
day.
Beyond making our highways safer, the environmental
benefit of replacing these trucks is substantial: newer trucks
emit 45 percent less nitrogen oxide and 80 percent less diesel
particulate than their predecessors-two pollutants linked to
respiratory diseases and global warming.
The neighborhood is somewhat pleased. Though they
would prefer 100 percent replacement of the 2000 trLicks that
move goods in and around the Port, they see this program
as a small step in the right direction. Margaret Gordon, long-
time community advocate and member of the West Oakland
Environmental Indicators Project, asserts that the Truck
Replacement Program still "needs more work. The trucker still
has to pay for the taxes and insurance, which can be expensive.
It shouldn't be a hardship to get a new truck."
Jamie Fine, USF Professor of Environmental Science, agrees.
He thinks that this is a move forward, but "wants to see more
intensive action."
More action may be on its way. Soon the program will hit
its goal of 80 newer big rigs. When asked what will happen
once the goal has been reached, Marilyn Sandifur, Media and
Public Relations Specialist for the Port, says, "We may expand
the program. We're always looking at options for best emis-
sions reductions for dollars invested." She adds, "Air quality
is a port, a regional, a global problem. We all have to work
together to provide solutions to improve our air quality."
tu:PLACEMENT PROGRAM.ELlGIBIUTY
. Each appllca~, must (a) be, famllla~ ~Jth the. truck
I. repl~cement program guidelines, . (b) . own the. trUck' for
Which th,e. repl~~ement Is r~qu~ed, (c), mcUDtUI current
regl~~adon .an~ hisurance for the tru.Ck'and (d) complete
an~~lIb~an . application and r~qulred paperw~rk.
The e~g"truck must (a) b,e,l.1IodeIY~:1993 or
older; (b)., have' bc:en operatedh~'tlt~. Port ,,~me Area
coildnu()u~ly f()r the two y~ar period ImrDedlat~1y before
the applicant signed the application, (c) haye been used In
the Port 'Marldme Area to haul containers for at least 400
trips In the twelve month period IlI!lDedlately before the
applicant signed the appllcadon, (d). be In good working
order, (e) have a minimum gross vehicle weight radng
(GVWR) greater than 33,000 pounds, and (f) not have any
outstanding c1vU penaldes levied for excessIVe smoke.
Full guidelines and an application may be downloaded
at www.portofoakland.com/envlronm/proL06.asp.
B.ty Ared Monitor
1611 Telegraph Avenue
Suite 300
Oakland, CA 94612
The Bay Area Monitor is a publication of the
League of Women Voters of the Bay Area Education
Fund. It is supported by the Alameda-Contra Costa
Transit District; the Bay Area Air Quality Management
District; the Bay Area Rapid Transit District; the East
Bay Municipal Utility District; the East Bay Regional
Park District; the Golden Gate Bridge, Highway and
Transportation District; the Metropolitan Transporta-
tion Commission; the Peninsula Joint Powers Board
(Caltrain) and the San Mateo County Transit District;
the San Francisco Bay Area Water Transit Authority;
and private donations to LWVBAEF.
The Bay Area Monitor provides impartial,
independent coverage of agency activities and other
important Bay Area issues. Material and viewpoints
are chosen by LWVBAEF to provide a comprehensive
view of regional developments.
Permission is granted to copy this publication in
whole or in part as long as material is credited to the
Bay Area Monitor of the LWVBAH. The publication
is online at www.bayareamonitor.org, including
the current issue and an archive of back issues. For
further information, call (51 O) 839-1608 or send an
e-mail to editor@bayareamonitor.org.
Linda Craig
LWVBAH President
Alec MacDonald
Monitor Editor
D~-B
April/May 2007
lJdy Area Monitor - 3
Climate Change (continued from page 1)
The JPC took a
significant stride toward
this objective on February
16, when it sponsored
a three-hour workshop
on climate change for
regional committees,
councils, and boards, as
well as other stakeholders
and the public at large.
Serving not only as an
educational forum, the
workshop also doubled as
a solutions brainstorming
session. It generated so
much interest that a second, duplicate workshop was added
the following week.
The two events were attended by approximately 250
people total, while countless others listened in on an audio
broadcast over the Internet. Organizers collected participant
thoughts and suggestions on nearly 300 pages worth of
open-ended questionnaires, 85 comment cards with specific
action ideas, and roughly 100 pages of email. Much of these
materials are now posted on th~ JPC's website at www.abag.
ca.govjjointpolicyjjpc_c1imate_change.htm for any and all
to review, along with a link to the archived broadcasts. In
generating their final report, JPC staff will integrate as much
as possible of the useful information that came out of these
workshops.
Droettboom issued an interim report about the program
on March 16 at the latest convening of the JPC (which also
featured related presentations by ABAG Planning Director Ken
Kirkey, Air District Deputy Air Pollution Control Officer jean
Roggenkamp, and BCDC Executive Director Will Travis). In his
report, Droettboom outlined a number of emerging elements
that will likely shape the JPC strategy for dealing with climate
The JPC climate change workshops garnered widespread Interest (photo by Peter Beeler, MTC)
STAYING COOL IN THE CITY
In the Bay Area and across the country, the number of
"Cool Cities" (www.coolcltles.usf) Is moundng. These
cities have committed to help stop global warming by
signing the U.S. Mayor's Climate Protecdon Agreement
(www.seattle.gov/mayor/c1lmate/), which emulates the
2005 Kyoto Protocol (the Internadonal pact to reduce
greenhouse gas emissions). As of March 22, 2007,431
mayors representing over 61 million Americans had
signed the agreement.
change. These include:
Establishing Priorities - selecting actions that have the
greatest benefit with the most efficient expenditure of fiscal
and political capital.
Increasing, Public Awareness - communicating the
urgency of the situation to individuals while educating them
on what they can do to help.
Providing Assistance - supporting local governments with
the muscle of regional agencies.
Reducing Unnecessary Driving - promoting smart growth
to reduce people's dependence on automobiles while
establishing pricing signals that more accurately reflect the
true cost of cartravel.
Preparing to Adapt - acknowledging that global warming
will affect sea level, temperature, and water supply to some
extent regardless of preventative measures, and planning
accordingly.
Changing the Rules - coming to terms with the fact that
a problem of this scope may require unprecedented open-
mindedness in considering unconventional and potentially
uncomfortable adjustments to how the region operates.
At the next JPC meeting on May 18, members will be
presented the final staff report for review and approval,
culminating an intense, thorough, and rapid process. However,
this moment should actually signal a larger beginning, ushering
in what could be a new chapter in the continually evolving
legacy of the region as a touchstone for change. Climate
protection advocates have frequently noted that although the
Bay Area can't stem the tide of global warming by limiting its
own greenhouse gas emissions alone, it possesses real and
weighty transformative power in its ability to set a benchmark
example for the rest of the world to follow.
D" ..q
4 - lJdy Area Monitor
April/May 2007
Regional Roundup: Bicycles
Q&..A with Cole Porto carrero
Cole Portocarrero is the Executive Director of the Bay Area Bicycle Coalition
(BABC), a regional umbrella organization that seeks "to promote safe and
enjoyable bicyclIng for everyday transportation and recreation." For the third
year in a row, BABC will be partnering with the Metropolitan Transportation
Commission (MTC) to coordinate Bike to Work Day on Thursday, May I 7. For
this issue's Regional Roundup, Ms. Portocarrero answered a few questions
about the event and her organization's activities.
Monitor: What are the goals of Bike to Work Day?
Cole Portocarrero: Our goal is to recruit new and novice cyclists to try riding their bicycles on Bike to Work Day. Our hope
is that participants will realize the convenience and fun bicycling offers, and will make it a habit to use their bikes beyond
the one-day event. Bicycling is not just a means to an end, but it's a choice to live more healthily, more environmentally-
conscious, and to have a good time while you're doing it. We hope people witness this on Bike to Work Day.
M: How do BABC and MTC plan to accomplish those goals?
CP: Because of the BABC's unique relationship with the local county bike coalitions, MTC hired us to coordinate Bike to
Work Day at the regional level. All nine Bay Area counties work as a unified grassroots effort to plan and implement Bike
to Work Day under the direction of the BABe. Event campaigns such as the Team Bike Challenge and the Bike Commuter
of the Year awards-which promote bicycling as a means of transportation year round-are promoted at the county level
through this grassroots effort.
M: Beyond the 17th, what other plans does BABC have for the rest of National Bike Month?
CP: In celebration of Mayas National Bike Month, we are hosting the Team Bike Challenge Campaign for the second year
in a row. This campaign serves to recruit new and novice cyclists to participate, but all different levels of cyclists join in on
the fun. Participants form teams of five and compete against each other to earn points. At the end of May, the points are
tallied, and the winning team wins a bike rack dedicated to them to be placed in a public space of choice.
The Bike Commuter of the Year Award honors a resident from each of the nine Bay Area counties who is committed
to making every day a "Bike to Work Day." This person epitomizes and actualizes the health, environmental, social, and
economic benefits of bicycling.
County coalitions and other transportation agencies are also planning bike education classes, events and special
celebrations at the local level during the entire month of May. I encourage folks to check out their local bike coalition's
website to learn about what's going on in their neighborhood.
M: What else does BABC do to promote bicycling year round?
CP: The BABC continuously works with government agencies to ensure that all transportation policies and projects provide
safe and convenient access for bicyclists and pedestrians. Currently, we are working diligently to increase funding for bikes
and pedestrians in the revision of the Regional Transportation
Plan.
M: lM1y is promoting bicycling important to you?
CP: With climate protection as the hot topic these days, how
can we not ask ourselves what we can personally do to create
an improved environment for ourselves and future generations?
I experience the benefits of bicycling on an every day basis
and my hope is that through my personal actions and through
my work that others will be inspired to do the same. So many
people view the bike as a toy or as something to be used for
weekend pleasure. But if they just give it a try, they will find it
exhilarating AND they might witness that it will take them to
places they never thought possible!
Thursday May 17, 2007
www.bayareablkes.org/btwd/lndex.php
All Regional Roundup articles by Alec MacDonald
DR-to
April/May 2007
Bay Area Monitor - 5
Agencies Work Together to Provide Bicyciing Opportunities
Back in 1891, the Southern Pacific Railroad established a railway corridor through the San Ramon Valley that came to be known
as the Iron Horse Trail. A train hasn't followed that route in 30 years-but plenty of bicyclists, joggers, and other outdoor
enthusiasts have.
Running from Concord to Dublin, the 10-foot-wide,
multi-use trail-which is managed by the East Bay
Regional Park District (EBRPD}-winds by residential
neighborhoods, commercial zones, schools, parks,
and assorted community facilities, while linking up
with several BART stations and the County Connection
bus system. On the south end, efforts are underway
to connect the trail from the Dublin-Pleasanton BART
station through Pleasanton and Livermore, while plans
for the north end could see it progressing as far as
Suisun Bay. All told, the Iron Horse could eventually
span a distance of 55 miles across two counties and
12 cities.
This project is an important example of bringing
benefit to the public through regional collaboration.
To carry out construction on the southern extension,
EBRPD has partnered with the cities of Dublin and
Pleasanton, and is also working cooperatively on the
nearby Alamo Canal Trail with ACTIA, BART, Caltrans,
and Zone 7 Water Agency.
Park districts frequently depend on these kinds of
relationships as they work to meet Bay Area residents'
recreational needs. In addition to teamwork with indi-
vidual cities, reliance upon transit agencies, water, and
other utility districts can be vital in establishing multi-
use trails like the Iron Horse, because transportation
corridors or utility right-of-ways provide great routes.
"Although the Bay Area often seems a bit Balkanized, the Park District has had great success working with the counties,
cities and utility districts to create an interlocking network of truly regional trails," said EBRPD Trails Development Program
manager Jim Townsend.
National Bikes Program Rolls into the Bay Area
In an unprecedented development, Marin County will be receiving 25 million dollars in federal funding to determine "the
extent to which bicycling and walking can carry a significant part of the transportation load, and represent a major portion
of the transportation solution," as dictated by enabling legislation in the Transportation Act of 2005.
Along with just three other locations across the nation (Minneapolis-St. Paul, Minnesota, Sheboygan County, Wisconsin, and
Columbia, Missouri), Congress selected Marin County to participate in what is being called the Nonmotorized Transportation
Pilot Program. Locally, the Marin County Department of Public Works is managing the program as "WalkBikeMarin."
"It's a pilot, so there's room to be innovative," said Craig Tackabery, Assistant Director of the department. He drew
special attention to the unique manner by which the public has been able to participate in creating a list of projects for
potential funding allocation. "I think in the end, a lot of the projects on the list wouldn't have shown up through a traditional
process-they just wouldn't have been captured."
The list offers plenty of variety, but according to program guidelines, all projects should target urban areas, cannot be
primarily recreational, and must be scheduled for completion prior to 2010. The Marin County Board of Supervisors is set to
finalize the list on April 17. Additional information is online at www.walkbikemarin.org.
PLANNING fOR PEDALING
MTC wants to make sure nonmotorlzed travelers aren't lost In
the busy shuffle of the ever-developing Bay Area. Therefore, the
agency 15 Implementing a "Routine Accommodations" policy,
which MTC Plannerl Analyst Sean Co noted "will determine how
the needs of bicyclists and pedestrians are being considered In
the planning and designing of transportation proJects:'
As part ofthe new policy, and In accordance with a directive laid
out in MTC's own Resolution 3165,.transportatlon project sponsors
who request funding. from the agency will need to complete a
detailed cheddlst. This checklist will call for Information regarding
three critical concerns. For starterS, It will seek to establls~ the
relevant conditions at the proposed site; for example, whether
amenities like bike paths or crosswalks are already In. place. It
will also determine what guhlellnes (such as neighborhood plans
or design standards) regarding bicycle and pedestrian facilities
apply to' the location. And finally, Itwlli Inquire Into what sort of
Impact the project Is expected to have on non motorized travel, In
terms of both hindrances and benefits:
Sponsors wlU!Je encouraged to submit completed checklists
as early as possible, althollgh the final deadline won't come until
the proJ.ect Is r. ec. o. m. mended tqM':r~...fo. r fun. ding. Once a checklist
" .. '. .. .. .... '. .. '.. '...... .. '.',-" ".. -,-." '" ,:-.. '-.. ".." ' .. >. - ~
15 complete, c:o~tywld.e BI9;del p'e(;lestrlan Advisory Committees
(BPAq will haveJ~echance to rey1ewlt a,ndoffer co~ments:
MTC's ReglonaJ Bicycle Worldng GtollP and Regional Pedestrian
Committee have been collaborating with staffto finalize the policy,
which Is expected to go Into effect this spring. Co expressed
optimism about the Intended results, foreseeing "opportunities
to create safe and convenient bicycle and pedestrian travel:'
DR...J(
6 - /Jay Area Monitor
April/May 2007
Water Board to Amend Water Quality Control Plan for SF Bay Basin
By Gail Schickele
In order to better protect the area's streams and wetlands,
the San Francisco Bay Regional Water Quality Control Board
(Water Board) intends to amend the Water Quality Control
Plan (Basin Plan) for the San Francisco Bay Basin.
"Our main concern is better articulating the need to protect
physical functions of streams and wetlands," said Dyan
Whyte, Senior Engineering Geologist with the Water Board.
She noted that while her organization has "historically focused
on chemical composition of water itself in order to protect
beneficial uses within our authority," it's necessary to keep
in mind that "physical attributes of the streams can be just as
important-or sometimes more important-in terms of the
health of the fishery."
To safeguard the steelhead population, for example, Whyte
emphasized the preservation of quality spawning areas where
eggs can hatch. "If there's too much sediment in the stream
bed, there won't be enough oxygen for eggs to survive,"
she said. "Other functions of the stream that need protecting
include refuge for small fish to hide from predators or to get
out of the way from being washed out of the stream from high
flows. We recognize the need for deep pools, shallow areas,
high-quality spawning gravel, and ripple~."
Whyte went on to address what requires attention more
generally: "We first highlight the need to make sure there are
no barriers to migration that are unauthorized in watersheds
that support steelhead and salmon runs," she said. "We're not
questioning existing dams, but we recognize that there may
be some issues downstream that need to be addressed-some
unauthorized activities may need to be corrected. Secondly
comes a recognition of how dams are managed, as overseen
by our sister agency Division of Water Rights."
Charged to protect stream and wetland systems from pol-
lution and nuisance, the Water Board will provide an imple-
mentation plan of science-based actions. This should maintain
the resources, services, and qualities of the aquatic system,
TIMETABLE fOR AMENDMENT PROCESS
Draft Basin Plan Amendment &.. Staff Report - Spring '07
Staff Report Workshop - Summer '07
Public Review &.. Comment - fall '07
Public Adopdon Hearing - Winter '07
The Basin Plan Is available for viewing online at:
www.waterboards.ca.gov/sanfranclscobay/baslnplan.htm
for updates on Water Board activides, Interested parties
can subscribe to a variety of e-mail alert lists at:
www.waterboards.ca.gov/lyrisforms/regl_subscribe.html
and serve as a basis for establishing water quality objectives
and discharge prohibitions. "We have to avoid, minimize,
and mitigate water quality impacts-and we emphasize that
through the stream protection policy," Whyte explained.
The Basin Plan already cites a number of "beneficial uses"
that streams and wetlands offer humans and other life. These
include protection of marine and wildlife habitat, preservation
of rare and endangered species, shellfish harvesting, municipal,
domestic and agricultural supply, fish migration and spawning,
estuarine habitat, recreation, fishing, and navigation. New
beneficial uses under the proposed amendment include Flood
Peak Attenuation &.. Flood Water Storage (flood protection
where waterbodies receive and store natural surface drainage
and reduce the flood peak downstream) and Water Quality
. Enhancement (including filtration of pollutants, temperature
moderation, stream bank stabilization, maintenance of channel
integrity, and sediment transport and storage)..
The new policy clarifies that protection and restoration
of stream and wetland systems-along with their dynamic
hydrology, stable stream channels and riparian vegetation-
are viable forms of pollution prevention in all land use settings,
and that strategies of pollutant source control and system
protection need to be integrated to complete the watershed
water quality management strategy.
To improve regulatory consistency, a single Stream and
Wetlands System Protection Policy (SWSPP) is being proposed
for adoption in the North Coast and San Francisco Bay Regions.
The policy will serve as a model for other regional water boards
and for the state in the protection of water quality.
Regulatory efficiency will be promoted by linking to
existing relevant permit conditions and provisions in 40 1
water quality certifications, Waste Discharge Regulation (WDR)
and WDR waivers, Timber Harvesting Plans (THPs), California
Environmental Quality Act (CEQA) reviews, urban runoff
National Pollutant Discharge Elimination System (NPDES)
permits, Total Maximum Daily Load (TMDL) implementation,
and grants. The policy will provide incentives for local
jurisdictions to develop watershed management plans that
can be used by project applicants to offset impacts to stream
and wetland functions when on-site avoidance of impacts is
impossible.
"What we do may not change the permit process," Whyte
said. "We're looking to make sure that permits are consistent,
and to streamline the permit process to encourage more
watershed-specific planning efforts."
f)~ -- k:?
Aprll/MdY 2007
Bay Area Monitor - 7
There's Method to this Madness: Meeting Regional Housing Needs
By Leslie Stewart
A new round of housing planning has regional agencies
and local elected officials striving to match local plans with
state and regional housing needs. This process-,-known as
the Regional Housing Needs Allocation, or RHNA-has the
worthy goal of increasing housing opportunities throughout
the state. However, as previous cycles have shown, keeping
everyone happy can be a challenge.
Although local governments have autonomy in planning
where and how they develop housing in their communities,
the amount of housing each city and county must provide
hinges on a combination of state, regional, and local
determinations. Starting with figures developed by the state
Department of Finance, the California Department of Housing
and Community Development (HCD) determines regional
housing needs. Then within the region, the Association of Bay
Area Governments (ABAG) works with local gov~rnments to
gather data and create a methodology for use in developing
allocations for each jurisdiction.
To elicit local input for this cycle, ABAG convened a Housing
Methodology Committee (HMC) composed of elected
officials and staff on both city and county levels. The resulting
methodology still brought complaints from most of the cities
and counties, but the final version-adopted on January 18,
2007, by the ABAG Executive Board-does reflect extensive
discussion and some measure of consensus. The HMC plans
to continue meeting to discuss issues that arise during the
subsequent phases of the process.
The methodology adopted in January will use weighted
factors that include household growth (45%), existing em-
ployment (22.5%), employment growth (22.5%), planned
employment growth near transit stations (5%), and planned
household growth near transit stations (5%). Planned transit
stations are not included. Jurisdictions that are below the re-
gional average in low-income housing categories will be re-
quired to build more housing of that type, while jurisdictions
with higher concentrations of low-income housing will need
to build fewer new affordable units. Local jurisdictions can
bargain with each other to adjust allocations as long as the
total need continues to be met. The allocations are the basis
for local general plan housing elements, which in turn must be
approved by the state. Local jurisdictions must make it pos-
sible to build the number of units in their housing elements--
although housing developers are not required to build them.
Using the adopted methodology, ABAG must issue a Draft
RHNA by June 30, 2007. After a period when local jurisdictions
can work with ABAG on revisions, there is an appeals period
for local jurisdictions that still are in disagreement with their
allocations. Appeals must be decided before the end of April
2008, when ABAG must issue the final RHNA proposal. The
final allocation must be adopted and submitted to HCD by June
2008, and
local housing
elements
based on the
LWVBA TALKS HOUSING
On JanuaJy 27, the League of Women Voters
of the Bay Area used Its annual Bay Area
League Day to focus on regional ho~slng
Issues, A recap of the event Is available In
LWVBA's februaJy Voter, downloadable at
www.lwvbayarea.org/files/voterfeb.07.pdf.
allocations
are due to
HCD by June
2009.
State law now allows a subregion to do its own methodology
and draft allocations, and in one example of this law in action,
the cities and counties in San Mateo have been approved to
do a subregional RHNA process. This process runs parallel
to ABAG's and the subregion is responsible for the same
steps, including developing an allocation methodology and
releasing draft numbers. If the subregion fails to meet one of
these milestones, then ABAG must take back responsibility
for allocating housing units to the subregion.
Under another change in the state law, this RHNA cycle is
being shifted ahead to coordinate with the next scheduled
update of the Regional Transportation Plan (RTP) , as an
implementation of the policy-based regional planning process
that began with the Smart Growth Vision. ABAG's Projections
2007, released in November 2006, will be the basis for the
RTP and also contains the regional data used for RHNA.
When HCD approved ABAG's application to delay
completion of the RHNA process to allow coordination with
the RTP, this altered the timetable for coordinating population
and household projections at the state and regional level. Every
tweak to the RHNA methodology which ABAG approved in
mid-January was accompanied by recalculations, some quite
detailed, showing how each jurisdiction would be affected by
the various components and how they were weighted in the
methodology. However, those figures must now be reconciled
with the state's figure for total regional housing needs for the
2007 - 20 t 4 period. ABAG is currently working with staff from
HCD to determine the Bay Area's housing needs, and it is
expected that this number will be finalized in the next few
weeks. The adopted methodology will then be applied to the
regional needs number, and ABAG will release Draft RHNA
allocations. At this point, local jurisdictions go through their
own negotiations with the region and each other to adjust the
Draft RHNA allocations to meet local needs.
Dr< -13
8 - /Jay Area Monitor April/May 2007
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~ AnnouncelDents
Linking Land Use and Water in the Bay Area
A Workshop of the Local Government Commission and the Bay Area Water Forum
How and where we grow has a direct impact on the quality arid reliability of water in California. Growing communities
face major challenges with stormwater runoff, flood liability, and concerns about if there will be reliable water for
current residents and for new development.
Join local officials and water and land use professionals for a day-
long workshop about integrating water and land use. Sessions will
discuss strategies, explore case studies, and engage participants
in dialogue about ways to coordinate land use and water
management. Topics will include:
Local elected officials and staff
Land use planners
Public works engineers
Watershed coordinators and members
Water management professionals
Developers and designers
State government officials and agency staff
Interested community members
Water and Land Use - What's the Connection?
Weighing Costs, Benefits, Carrots, and Sticks
Planning for Water-Wise Growth
Sustainable Site Design Strategies (LID)
Policy Solutions - The Water Element
The workshop will be on April 23 in Oakland (a confirmation letter and directions to the finalized location will be
faxed or e-mailed a week prior to the event). The deadline for registering is April 13. The cost is $15, including lunch,
refreshments, and a copy of the LGC's resource guide, The AI1wal1nee Water Principles: A Blueprint for Regional
Sustainability. For more details, contact Vallia Dahdouh at vdahdouh@lgc.org or (916) 448-1198 extension 327.
D~ - / If